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HomeMy WebLinkAbout04-03-1989 Minutes . . . City of San Bernardino, California April 3, 1989 The Regular Meeting of City of San Bernardino was 9:15 a.m., Monday, April 3, Hall, 300 North "D" Street, the Mayor and Common Council of the called to order by Mayor Wilcox at 1989, in the Council Chambers of City San Bernardino, California. INVOCATION The Invocation was given by Reverend Jim Lorenz of Emmanuel United Methodist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Miller. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Reilly. PUBLIC COMMENTS There were no public comments. (A) COMMENDATION - MISS SAN BERNARDINO 1988 - APRIL DAWN MEANS - MEMBERS OF EXCHANGE CLUB Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, commend- ing April Dawn Means, Miss San Bernardino 1988, for her represen- tation of the City of San Bernardino during her reign. (B) The proclamation also commended the members of the Exchange Club for their efforts and support, and Mr. and Mrs. Chuck Palmer who chaperon Miss San Bernardino. Gina Boyer, Miss San Bernardino 1989, was introduced to the Mayor and Common Council. Mayor Wilcox presented her with a pin of the seal of the City of San Bernardino. Mr. Chuck Palmer thanked the Mayor and Common Council for their support of the pageant. - 1 - 4/3/89 . . . PROCLAMATION - SPIRIT BASEBALL DAY - APRIL 7, 1989 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming Friday, April 7, 1989, as Spirit Baseball Day in the City of San Bernardino, encouraging the citizens of the City to support the team. (B) Bill Shanahan, General Manager of the Spirit Baseball Team, was present to accept the proclamation. He invited the Mayor and Common Council to come and meet the team players at the annual Chamber of Commerce party. PROCLAMATION - VICTIMS' RIGHTS WEEK - APRIL 9 - 15, 1989 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, pro- claiming the week of April 9 - 15, 1989, as Victims' Rights Week, urging the citizens of the City to support the establishment of victims' rights by participating in activities commemorating those rights. (B) Jo Ann Nunez, Victim Witness Program coordinator, was present to accept the proclamation. PROCLAMATION - 1989 AS THE YEAR OF THE YOUNG READER Richard Bennecke, Executive Assistant to the Mayor, read a prOClamation of the Mayor of the City of San Bernardino, proclaiming 1989 as the Year of the Young Reader. (B) Marion Vassilakos, Assistant City Librarian, was present to accept the proclamation and introduced Cynthia Olson, Children Services Coordinator for the Library, who described what libraries and publishers are doing to promote reading by young people. PROCLAMATION - SAN BERNARDINO POLICE COMMUNICATIONS - NATIONAL TELECOMMUNICATORS WEEK - APRIL 9 - 15, 1989 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, regarding San Bernardino Police Communications during National Telecommunicators Week, April 9 - 15, 1989. (B) accept the who is in 24 police the Mayor Don Burnett, Chief of Police, was present to proclamation. He introduced Sergeant Dennis Kraus, charge of police dispatch personnel. Four of the dispatchers were also present and were introduced to and Common Council. - 2 - 4/3/89 I . . . COMMENDATION - DAN STARK, EXECUTIVE DIRECTOR - SAN BERNARDINO CONVENTION & VISITORS BUREAU - RENAISSANCE PLEASURE FAIRE Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, commending Dan Stark for his work as the new Executive Director of the San Bernardino Convention & Visitors Bureau, and especially for his part in the relocation of the Renaissance Pleasure Faire to San Bernardino County. (B) Dan Stark, Executive Director of the San Bernardino Convention & Visitors Bureau, thanked the Mayor and Common Council, the San Bernardino County Regional Parks Department and the Living History Center for their efforts in the relocation of the Renaissance Pleasure Faire to San Bernardino County from Agoura, California. "Sir Francis Drake" presented the Mayor and thanked them for their warm Pleasure Faire medallions and of the Renaissance Common Council with welcome. APPROVE COUNCIL MINUTES - FEBRUARY 10 AND 20, 1989 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Council Meetings held on February 10 and 20, 1989, be approved as submitted in typewritten form. (1) ALLEY VACATION - BETWEEN WALL AND SEPULVEDA AVENUES - ADOPTION OF NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT In a memorandum dated March 13, 1989, Roger Hardgrave, City Engineer, stated that the 14-day public review periOd has been afforded the proposed vacation of an alley located between Wall and Sepulveda Avenues. No comments were received. (3) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Negative Declaration for Public Works Project No. 89-2, vacation of an alley located between Wall Avenue and Sepulveda Avenue, approximately 150 feet south of Baseline Street, be adopted; and that a finding be made that the vacation is consistent with the Interim Policy Document. - 3 - 4/3/89 . . . VACATION OF A FRONTAGE STREET - SOUTH SIDE OF HIGHLAND AVENUE, EAST OF ELMWOOD ROAD - ADOPTION OF NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT In a memorandum dated March 14, 1989, Roger Hardgrave, City Engineer, stated that the 14-day pUblic review period has been afforded the proposed vacation of an unnamed frontage street located on the south side of Highland Avenue, east of Elmwood Road. No comments were received. (4) Council Member Minor made a motion, seconded by Council Member Flores and unanimoUSly carried, that the Negative Declaration for Public Works Project No. 89-3, vacation of a 370 f0Ct long, unnamed frontage street, located on the south side of Highland Avenue, east of Elmwood Road, be adopted; and that a finding be made that the vacation is consistent with the Interim POlicy Document. STREET VACATION - PORTION OF LUGO AVENUE, NORTH OF FOURTH STREET, EAST OF SIERRA WAY - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT In a memorandum Engineer, stated that afforded the proposed of Fourth Street and received. dated March 14, 1989, Roger Hardgrave, City the 14-day public review period has been vacation of a portion of Lugo Avenue, north east of Sierra Way. No comments were ( 5 ) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Negative Declaration for Public Works Project No. 89-6, vacation of a 299 foot long section of Lugo Avenue, north of Fourth Street and east of Sierra Way, be adopted; and that a finding be made that the vacation is consistent with the Interim Policy Document. ALLEY VACATION - EAST/WEST ALLEY, NORTH OF 11TH STREET, BETWEEN LUGO AND SEPULVEDA AVENUES - AUTHORIZATION TO PROCEED - PLAN APPROVAL In a memorandum dated March 17, 1989, Roger Hardgrave, City Engineer, stated that a request has been received to vacate a portion of the east/west alley located north of 11th Street, between Lugo and Sepulveda Avenues, as the alley has long been a haven for drug sales and use. The petitioners have deposited the required $200, which represents half of the total fee. (7) - 4 - 4/3/89 . Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of an east/west alley located north of 11th Street, between Lugo and Sepulveda Avenues; and that Plan 7751 showing the proposed vacation, be approved. . ASSESSMENT DISTRICT 987, TRAFFIC SIGNALS AND BOX CULVERT AT PALM & KENDALL DRIVES - ASSESSMENT DISTRICT 988, CHESTNUT DRAIN - PALM STREET IMPROVEMENT & BAILEY CREEK DRAIN - AUTHORIZATION TO COMBINE In a memorandum dated March 23, 1989, City Engineer Hardgrave stated that it is possible to combine Assessment District 987, for the signals and box culvert at Palm and Kendall Drives, with Assessment District 988, for the Chestnut Avenue storm drain, and with the assessment district that is in progress for Palm Street improvements and the Bailey drain. Combining the three assessment districts would eliminate any bond subordlnation due to timing of the three separate districts. (8) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the City Engineer and City Clerk be authorized to combine proposed Assessment Districts 987 and 988 and the proposed improvement of Palm Avenue and Bailey Creek into one assessment district to be known as Assessment District 987 (Verdemont Area Improvement District), under the provisions of the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915, for the installation and construction as stated in those proposed assessment districts in the City of San Bernardino and to do all things necessary to bring the project to a timely completion. SPEICHER MEMORIAL PARK - PARKING LOT SURFACING - APPROVAL OF EXPENDITURE - PARK EXTENSION FUNDS - FOURTH AND SEVENTH WARDS In a memorandum dated March 23, 1989, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the development of Speicher Memorial Park, located on the corner of Arden and Pacific Streets, is complete with the exception of a parking lot on the Arden Avenue side of the park. (10) . Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the expenditure of $2,500 each from the Fourth and Seventh Ward Park Extension Funds for the surfacing of the parking lot at SpeiCher Memorial Park, be approved. - 5 - 4/3/89 . CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the claims and payrolls and the authorization to issue warrants as listed on the memorandum dated March 23, 1989, from the Director of Finance, be approved. (12) PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, dated March 24, 1989, in accordance with all administrative regulations of the City of San Bernardino, be approved. (13) BOARD OF BUILDING COMMISSIONERS' RESOLUTIONS Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the following Board of Building Commissioners' Resolutions be filed: (14) BBC 1273 Dorian Henderson 1471 N. Wall . BBC 1274 Marian A. McBroom 161 & 161 1/2 Walkinshaw BBC 1275 Benito Nevarez and 1811 W. 9th Street Alejandra Leasure BBC 1276 Chester McZeal 1031 S. Lincoln BBC 1277 Mr. & Mrs. Herbert Hill 1128 N. "L" Street BBC 1278 Gary & Vern Frank 779 W. Orange BBC 1279 International Doctor's 1108 N. "F" Street Supply Corp. BBC 1280 Jose & Carmen Flores 1320 W. Kingman BBC 1281 Peter Berrocal 666 W. Olive PERSONNEL COMMITTEE MEETING REPORT - MARCH 23, 1989 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the report from the Council Personnel Committee meeting of March 23, 1989, be received and filed. The following item was on the agenda: (S-l) 1. Employment Contracts for Top Management. . LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - MARCH 23, 1989 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the report from the Legislative Review Committee Meeting of March 23, 1989, be received and filed. The following items were on the agenda: (S-2) - 6 - 4/3/89 . 1. Revision of Procedures and Guidelines for Evaluating Liquefaction Potential; 2. Proposed Resolution Setting Surcharge for Chestnut Avenue Drain; 3. Ordinance Amending Sub-Section B of Section 13.32.070 of the San Bernardino Municipal Code to Provide Additional Exceptions to the Requirement that Developments be Required to Connect to the City Sewer System; Weed Abatement Procedures; Discussion of Police Commission Responsibilities- Verbal Report, Chief of Police; Discussion of City's Position Concerning Assault Weapons; Report on Encroachments in Street Right-of-Way Being a Hazard or Hindrance - Tract No. 11118, Meyers Road; View Ordinance for Single-Family Homes in the Foothills; Request for Waiver of Requirement to Underground Utilities Southeast Corner of Kendall Drive and University Drive - University Square - Review of Plans No. 86-143; Review of Recommendations Relative to Handling of Parades and Special Events. 4 . 5. 6. 7. 8. 9. . 10. WAYS AND MEANS COMMITTEE MEETING REPORT - MARCH 27, 1989 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the report from the Ways and Means Committee Meeting held March 27, 1989, be received and filed. (This item was later reconsidered, as the actual report did not arrive at the Council Meeting until later - See Page 24) (S-3) STREET VACATION - PORTION OF "J" STREET, BETWEEN OAK STREET AND LYTLE CREEK FLOOD CONTROL CHANNEL - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT In a memorandum dated March 14, 1989, Roger Hardgrave, City Engineer, stated that the 14-day period for public review was afforded the proposed vacation of a 270 foot long section of "J" Street, between Oak Street and the Lytle Creek Flood Control Channel. No comments were received. (2) . Discussion ensued regarding proceedings were coordinated with the there is a possibility of a future flood control channel. whether these vacation County Flood Control and if need for a bridge over the - 7 - 4/3/89 r~ . . . It was mutually agreed to continue this item until later in the meeting in order for City Engineer Hardgrave to be present to answer questions. (See Page 10) COUNCIL Council Meeting. MEMBERS MINOR AND POPE-LUDLAM EXCUSED Members Minor and Pope-Ludlam left the Council SIGNS - MUNICIPAL CODE SECTION 19.60.130 - REQUEST TO BE HEARD - JOHN BLEDSOE In a letter dated March 23, 1989, John Bledsoe, 22573 Van Buren, Grand Terrace, California, requested to be heard by the Mayor and Common Council concerning San Bernardino Municipal Code Section 19.60.130 regarding signs. (9) Subsequent to the agenda being printed, rescinded his request to be heard. Mr. Bledsoe Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the request to be heard received from John Bledsoe regarding San Bernardino Municipal Code Section 19.60.130, be tabled. COUNCIL MEMBERS MINOR AND POPE-LUDLAM RETURNED Council Members Minor and Pope-Ludlam returned to the Council Meeting and took their places at the Council Table. SAN BERNARDINO CONVENTION AND VISITORS BUREAU - QUARTERLY REPORT - FUNDING In a memorandum dated March 23, 1989, James Richardson, Deputy City Administrator-Development Services, attached the first Quarterly Report of the San Bernardino Convention and Visitors Bureau (SBCVB), setting forth their activities, accomplishments and results for the period ending March 31, 1989. The agreement between the City of San Bernardino and the SBCVB provides that upon receipt and filing of the report, the payment of $9,730 can be made to the SBCVB. (11) The following was included in the report from the San Bernardino Convention and Visitors Bureau: 1. A memorandum dated March 23, 1989, from David Porter, Ph.D., Chairman of the Board of the SBCVB to the Mayor and Common Council; A memorandum dated March 23, 1989, from Dan Stark, Executive Director of the SBCVB to the Board of Directors of the SBCVB; 2 . - 8 - 4/3/89 . 3. A memorandum dated March 22, 1989, from Dan Stark, Executive Director of the SBCVB to David Porter, Ph.D., Chairman of the Board of the SBCVB; 4. A letter dated March 17, 1989, from Edward Flores, Community Development Specialist, Community Development Department, to Dan Stark, Executive Director of the SBCVB; with an attachment of Comments/Questions to FY 1989/1990 CDBG Proposal submitted by the SBCVB; 5. A letter dated March 22, 1989, from Maggie Ivy, Manager of Tourism and Convention Services for the Riverside Visitors & Convention Bureau to Dan Stark, Executive Director of the SBCVB; 6. Three news releases submitted by the SBCVB concern~lig the Renaissance Pleasure Faire, the appointment of Dan Stark to the SBCVB, and the Far Western District of the Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Inc. Jim Richardson, Deputy City Administrator/Development Services, spoke regarding the report. . Dr. David Porter, Chairman of the Board of the SBCVB, spoke regarding funding of the bureau. He stated that they have been unable to meet the requirements of and qualify for CDBG funds as they had anticipated. He requested that the Mayor and Common Council augment their budget by approximately $35,000 to assist in promoting the newly acquired event of the Renaissance Pleasure Faire. He presented examples of marketing materials used by other cities and spoke regarding the expense involved. He also described the need for follow-up personnel for the SBCVB. He asserted that the city would be compensated for their investment by increased employment and sales. Dan Stark, Executive Director of the SBCVB, described the problems they are incurring with the phone system that is being jointly used by the SBCVB and the Chamber of Commerce, as the system is not able to support the needed number of phones. He reported details of the up-coming Renaissance Pleasure Faire on May 13, 1989, at Glen Helen Park. James Robbins, Acting City Administrator, regarding sources of funding for the $35,000 SBCVB. answered questions requested by the . - 9 - 4/3/89 . . . Council Member Flores Member Miller and unanimously the San Bernardino Convention later in the meeting in order researched. (See Page 26) made a motion, seconded by Council carried, that the matter concerning and Visitors Bureau be continued to for a source of funding to be COUNCIL Council Meeting. MEMBERS ESTRADA AND POPE-LUDLAM EXCUSED Members Estrada and Pope-Ludlam left the Council STREET VACATION - PORTION OF "J" STREET, BETWEEN OAK STREET AND LYTLE CREEK FLOOD CONTROL CHANNEL - NEGATIVE DECLARATION - INTERIM POLICY DOCUMENT - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consideration of vacating a 270 foot long section of "J" Street between Oak Street and Lytle Creek Flood Control Channel. (See Page 8) (2) Roger Hardgrave, City Engineer, answered questions, stating that this street vacation will be coordinated with the County Flood Control and that after responses come in regarding the street vacation, the possibility of a future need for a bridge over the flood control channel will be reviewed. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Negative Declaration for Public Works Project No. 89-4, vacation of a 270 foot long section of "J" Street, located between Oak Street and Lytle Creek Flood Control Channel, be adopted; and that a finding be made that the vacation is consistent with the Interim POlicy Document. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the Council Table. PUBLIC HEARING - STREET CLOSURE - TIPPECANOE AVENUE AND MILL STREET - NORTON AIR FORCE BASE AT BOUNDARIES OF THE MISSILE OPERATIONS COMPLEX - CONTINUED FROM MARCH 20, 1989 This is the time and place continued to for a pUblic hearing concerning the closure of Tippecanoe Avenue and Mill Street at the boundaries of the Missile Operations Complex on Norton Air Force Base. (Formerly known as the Ballistic Missile Operations Complex) (15) - 10 - 4/3/89 . RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMIN- ING THAT PORTIONS OF TIPPECANOE AVENUE, FROM THE SOUTH BOUNDARY OF THE BALLISTIC MISSILE OPERATION COMPLEX TO MILL STREET, AND MILL STREET, FROM THE WEST BOUNDARY OF THE BALLISTIC MISSILE OPERATIONS COMPLEX TO TIPPECANOE AVENUE, ARE NOT PRESENTLY NEEDED FOR VEHICULAR ACCESS. (15) The Mayor and Common Council discussed the fact that they have not yet heard from the Air Force. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the matter concerning the closure of Tippecanoe Avenue and Mill Street at the boundaries of the Missile Operations Complex, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held April 17, 1989. . APPEAL HEARING - CENTRAL CITY PARKING PLACE COMMISSION'S DECISION - DISCONTINUE PARKING LEASES IN DOWNTOWN LOTS 1, 2 & 3 - JOHN LONERGAN This is the time and place set for an appeal hearing requested by John Lonergan, owner of the Lonergan Building located on the northeast corner of Fourth and "D" Streets, concerning the decision of the Central City Parking Place Commission to discontinue the practice of recommending parking leases in Downtown Parking Lots 1, 2 and 3. (16) In a letter dated March 10, 1989, John Lonergan, 1103 Bel- Air Place, Los Angeles, California, explained that he is a trustee of a private trust involving the three-story Lonergan Building. He currently has a lease agreement with the City for use of 14 spaces in Downtown Lot #3. He stated that he was informed of the following three decisions of the Central City Parking Place Commission: to discontinue the practice of leasing parking spaces in the three downtown lots, to not extend existing leases, and to eliminate the issuance of parking credits. He listed five reasons for his appeal of the first two decisions of the commission, and stated that he agrees with the elimination of the issuance of parking credits. In a memorandum dated March 23, 1989, Fred Wilson, Assistant to the City Administrator, explained that the Main Street Parking Task Force was established in December, 1988, to consider the downtown parking situation. Since the downtown parking lots are operating at full capacity, they evaluated that the continued . - 11 - 4/3/89 . . . leasing of public parking spaces to private business does not promote effective utilization of the available parking. They also found it inequitable to reserve public parking for a single property owner's use, as all property owners within the parking district are paying a proportionate share of the operational costs of the lots through the annual assessment process. He stated that Mr. Lonergan's lease agreement, City of San Bernardino Resolution No. 88-112, is for a 60-month period, which began April 27, 1988. An option exists authorizing the City Administrator to grant a maximum 60-month extension to the agreement. Current leases may be terminated without cause upon 30-day calendar, written notice from either party. Mayor Wilcox opened the hearing. Fred Wilson, Assistant to the City Administrator, reported concerning information given in his staff report. John Lonergan, appellant, stated that his contains a 60-day, not 30, cancellation clause. agreement attached to Resolution 88-112 states: may be terminated without cause upon thirty (30) advanced written notice from either party.. .") lease agreement (Page 4 of the "...This lease calendar days' Mr. Lonergan read from a statement he provided the Mayor and Common Council. In it, he described the commission's adoption of a policy that existing leases for unlimited time and restricted use of parking spaces in the three downtown lots, not be renewed or extended, and that the practice of leasing spaces to private parties be ended, as being serious and economically damaging. He contended that he will have trouble keeping tenants in his building if he cannot lease spaces from the City. He stated that the decision of the commission creates a remarkable example of unconstitutional withdrawal and withholding of the "rough equality" in treatment, which the United States Constitution guarantees. Mr. Lonergan spoke regarding parking agreements with other downtown tenants with whom his building competes for tenants and stated that the decisions regarding the handling of downtown parking have made the downtown area uninviting for tenants. He answered questions, stating that he is not having any parking problems under the existing parking arrangements. - 12 - 413189 . . . Fred Wilson answered questions regarding parking agreements with other downtown businesses and the assessments of the parking district. Shauna Clark, City Clerk, provided background information concerning the establishment of the downtown parking district and credit afforded businesses that had been paying area tax for several years previous to the creation of the parking district. Fred Wilson explained the types of credits afforded businesses in the parking district. Ann Harris of Main Street, Inc., backgrounds of the members of the Main which consisted of 16 representatives, Lonergan. described the variety in Street Parking Task Force, not three as stated by Mr. She spoke regarding the need for regulation of the limited parking space available in the downtown area. Businesses are being encouraged to lease space from the private sector outside the parking district. She described credits given to property owners within the parking district against parking district fees. Verne Nadeau, Real Property Supervisor, explained that the parking district was established to pay for the maintenance, operation and security of the three downtown parking lots between Arrowhead Avenue and "D" Street, between "D" and "E" Streets and between "E" and "F" Streets, which are identified as Lots 1, 2 and 3. He stated that credit for parking spaces outside of the boundaries of the parking district, and within 600 feet of the building, is applied against the assessment for acquisition and improvement only. All property owners within the district pay for maintenance, operation and security of the three lots and for improvements to and expansion of Lots 2 and 3. Mr. Nadeau answered questions regarding parking agreements made with developers as incentive to build in the downtown area. City Attorney Penman obligation to give the property owner. explained that the City is under no same type of lease agreement to every The Mayor and for Mr. Lonergan parking problems. Common Council discussed an equitable solution and steps being taken to solve the downtown - 13 - 4/3/89 . . . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the appeal hearing be closed and the appeal of John Lonergan relative to the Central City Parking Place Commission's decision to discontinue the practice of recommending parking leases in Downtown Lots 1, 2 and 3, be denied. Mr. Lonergan asked that the Mayor and Common Council give attention to the on-going policy regarding parking leases in the downtown area. He feels the Central City Parking Place Commis- sion's recent action concerning renewing of existing parking leases should be cancelled and public notice should be given for input regarding the pOlicy. RECESS MEETING At 11:00 a.m., Mayor Wilcox called for a five-minute recess. RECONVENE MEETING At 11:13 a.m., Mayor Wilcox called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly, Pope-Ludlam. READING AND WAIVING OF ORDINANCES ON THE SUPPLEMENTAL AGENDA City Clerk Clark read the titles of the ordinances on the Supplemental Agenda. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that further reading of the ordinances on the Supplemental Agenda be waived. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. ORD. MC-654 - AN ORDINANCE OF THE MAYOR AND COMMON FINAL COUNCIL OF THE CITY OF SAN BERNARDINO ADDING SEC- TION 2.56.142 AND 2.56.143 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ABSENT VOTER BALLOT APPLICATIONS, AND DECLARING THE URGENCY THEREOF. (S-5) - 14 - 413/89 . . . ORD. MC-655 - AN ORDINANCE OF THE MAYOR AND COMMON FINAL COUNCIL OF THE CITY OF SAN BERNARDINO ADDING SEC- TION 2.56.144 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO INTERFERENCE WITH THE RETURN OF THE ABSENT VOTERS BALLOT, AND DECLARING THE URGENCY THEREOF. (S-6) ORD. MC-656 - AN ORDINANCE OF THE MAYOR AND COMMON FINAL COUNCIL OF THE CITY OF SAN BERNARDINO ADDING SEC- TION 2.56.146 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE RETURN AND COUNTING OF ABSENTEE BALLOTS AND DECLARING THE URGENCY THEREOF. (S-7) ORD. MC-657 - ORDINANCE OF THE MAYOR AND COMMON FINAL COUNCIL OF THE CITY OF SAN BERNARDINO ADDING SEC- TION 2.56.148 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ELECTIONEERING WHILE ABSENTEE VOTER IS VOTING, AND DECLARING THE URGENCY THEREOF. (S-8) City Attorney Penman provided a handout listing the Elections Code Section sources for the proposed Municipal Code amendments. He explained the reasoning behind the proposed ordinances. Shauna ordinances adoption of Clark, City Clerk, explained would be a misdemeanor and the ordinances. that violation of the spoke in favor of the John Lightburn, P. O. Box 1322, San Bernardino, California, spoke as a concerned citizen who has been involved in the election process. He stated that the manner in which absentee voting is conducted has become important because of the economics attached to it. He described how candidates handle their absentee voting campaigns. It was suggested that the discussion concerning absentee voting is biased against one of the Mayoral candidates. City Attorney in the ordinance The last paragraph Section 3. Penman pointed out the identified as Agenda on Page 1 should read need for a correction Item S-7 (Ord. MC-656). Section 2, instead of Council Member Minor made a motion, seconded by Council Member Maudsley, that said ordinances be adopted and Agenda Item S-7 be amended by interdelineation to correct the last paragraph to read Section 2 instead of Section 3. - 15 - 4/3/89 . . . Ordinance Nos. Mc-654, MC-655, adopted by the following vote: Ayes: Flores, Maudsley, Minor, Miller. Noes: Ludlam. Absent: Council Member Reilly. MC-656 and MC-657 were Council Members Estrada, Council Member Pope- REDEVELOPMENT AGENCY/COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING Chairman Wilcox called the Regular Meeting of the Redevelopment Agency/Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Redevelopment Agency business was discussed. RECESS MEETING At 12:05 p.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the meeting recess until 2:00 p.m. RECONVENE MEETING At 2:10 p.m., Mayor Pro Tempore Estrada called Meeting of the Mayor and Common Council to order in Chambers of City Hall, 300 North "D" Street, San California. the Regular the Council Bernardino, ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Estrada; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor Wilcox; Council Members Reilly, Miller. RECESS MEETING - CLOSED SESSION At 2:13 p.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that Council may decide whether to initiate litigation. (40) CLOSED SESSION At 2:13 p.m., the Closed Session was called to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. - 16 - 4/3/89 . . . ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Estrada; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor Wilcox; Council Members Reilly, Miller. Also present were: Senior Assistant City Attorney Barlow, Planning Director Kilger, Deputy City Administrator/Development Richardson. MAYOR WILCOX ARRIVED AT THE CLOSED SESSION Mayor Wilcox arrived at the Closed Session. ADJOURN At 2: 33 Meeting of Bernardino. CLOSED SESSION p.m., the Closed Session the Mayor and Common adjourned to the Regular Council of the City of San RECONVENE MEETING At 2:33 p.m., Mayor Wilcox called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly, Miller. STATE PROJECT - SECOND AFTERBAY AT DEVIL CANYON POWER PLANT, VERDEMONT - REQUEST TO DELAY OR STOP - CONTINUED FROM MARCH 20, 1989 This is the time and place continued to for consideration of requesting the delay or stopping of construction by the State of California of a second afterbay at the Devil Canyon Power Plant in the Verdemont area. (36) In a letter dated March 27, 1989, Viju Patel, Chief of the Energy Division of the State Department of Water Resources (DWR), provided the DWR's responses to the questions regarding the state project, posed by the City of San Bernardino in the City's letter dated January 4, 1989. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the City Attorney be directed to file a Petition for Intervention with the Federal Energy Regulatory Commission concerning the second afterbay at Devil Canyon Power Plant. - 17 - 4/3/89 . . . READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the Regular and Supplemental Agendas. Council Member Flores made a motion, seconded Member Maudsley and unanimously carried, that further the resolutions be waived. by Council reading of RESOLUTION OF THE CITY OF SAN BERNARDINO REGARDING THE TIME OF ISSUANCE OF DEVELOPMENT PERMITS IN THE VERDEMONT AREA BASED UPON THE FINANCING STRATEGIES FOR CERTAIN PUBLIC IMPROVEMENTS. (Continued from March 13, 1989) (17) The Mayor and Common Council discussed the language of the resolution. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the resolution concerning the time of issuance of development permits in the Verdemont area be continued to the April 17, 1989, Regular Meeting of the Mayor and Common Council of the City of San Bernardino. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Council Member Minor made a motion, seconded by Council Member Maudsley, that the fOllowing resolutions be adopted: RES. 89-86 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNARDINO, RELATING TO A GENERAL MUNICIPAL ELECTION TO BE HELD ON MAY 2, 1989. (19) RES. 89-87 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPOINTING ELECTION OFFICERS AND DESIGNATING POLLING PLACES PURSUANT TO SECTION 2.56.110 OF THE SAN BERNARDINO MUNICIPAL CODE FOR THE GENERAL MUNI- CIPAL ELECTION TO BE HELD MAY 2, 1989. (20) RES. 89-88 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1989. (21) - 18 - 4/3/89 . . . Resolution Nos. 89-86, 89-87 and 89-88 were adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Reilly, Pope-Ludlam, Miller. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RES. 89-89 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MICHAEL LOEHR TO PERFORM CONSULTING SERVICES FOR THE PLANNING DEPARTMENT, AND REPEALING RESOLUTION NO. 89-11. (18) Acting City Administrator Robbins answered questions, stating that this agreement had been previously approved, but for a different period of time. Council Member Minor made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 89-89 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Minor, Pope-Ludlam. Noes: Council Member Maudsley. Absent: Council Members Reilly, Miller. Council Member Flores made a motion, seconded by Council Member Minor, that the following resolutions be adopted: RES. 89-90 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JUNIOR UNIVERSITY FOR THE PROMOTION OF ARTS AND CULTURE. (22) RES. 89-91 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRES, INC., FOR THE PROMOTION OF ARTS AND CULTURE. (23) RES. 89-92 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT DAY HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS PROGRAM. (24) and 89-92 were adopted by the Members Estrada, Flores, None. Absent: Council Resolution Nos. 89-90, 89-91 following vote: Ayes: Council Maudsley, Minor, Pope-Ludlam. Noes: Members Reilly, Miller. - 19 - 4/3/89 . . . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING SECTION TWO AND ONE-HALF OF RESOLUTION NO. 8234 ESTABLISHING PARKING RESTRICTIONS FOR THE THIRD LEVEL OF THE CIVIC CENTER PARKING STRUCTURE. (25) Acting City Administrator Robbins concerning inconsistencies between the proposed resolution. answered questions staff report and the Council Member Minor made Member Maudsley and unanimously continued to the Regular Meeting of the City of San Bernardino to a motion, seconded by Council carried, that said resolution be of the Mayor and Common Council be held on April 17, 1989. RES. 89-93 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO ELECTRO CONSTRUCTION CORPORATION FOR LIGHTING IMPROVEMENTS FOR SOCCER FIELD AT NUNEZ PARK. (26) In a letter dated March 15, 1989, James Kunert, owner of Kunert Electric of Loma Linda, protested the City awarding the contract for work at Nunez Park to the lowest bidder for the contract, because the low bidder (Electro Construction Corporation) did not acknowledge an addendum to the contract, which is in violation of established contract procedure. Kunert Electric was the second lowest bidder on the contract. In a letter dated March 28, 1989, Mayor Wilcox responded to Mr. Kunert's letter of March 15, 1989. She informed him that the City Attorney concludes that, contrary to Mr. Kunert's assertion, a public agency mav accept a bid which deviates from the bid specifications if the deviation is inconsequential. This determination must be made, in the first instance, by the public agency, and the courts will give great deference to that determination. Tony Grasso, Manager of the General Contractors Association, stated that the lowest bidder did not acknowledge the addendum to the contract in the bid requirements. He feels this should entitle the second lowest bidder, Kunert Electric, the contract. In a memorandum dated March 3, 1989, Roger Hardgrave, City Engineer, stated that Electro Construction Corporation failed to acknowledge receipt of Addendum No. One in the space provided in the bid documents, but provided a letter after the bid opening, stating that they received the addendum and the bid was based upon the revised plans and specifications. - 20 - 413/89 . . . The February in their letter from Electro Construction Corporation, dated 28, 1989, confirming that they included Addendum No. One bid, was made a part of the record. Dennis Barlow, Senior Assistant City Attorney, advised that it is within the scope of the Mayor and Common Council to waive this type of minor irregularity. Council Member Estrada made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution Ayes: Council Ludlam. Noes: No. 89-93 was adopted by the fOllowing vote: Members Estrada, Flores, Maudsley, Minor, Pope- None. Absent: Council Members Reilly, Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HUBBS EQUIPMENT AND CONSTRUCTION COM- PANY FOR CONSTRUCTION OF STORAGE BUILDING FOR CENTER FOR INDIVIDUALS WITH DISABILITIES. (27) Roger Hardgrave, City Engineer, answered questions regarding the building size and the construction estimate. Discussion ensued regarding alternative solutions to provide storage for the Center for Individuals with Disabilities and the possibility of the Parks, Recreation and Community Services and the Public Works Departments getting together to discuss other options. Council Member Minor made a Member Pope-Ludlam and unanimously continued to the Regular Meeting of of the City of San Bernardino to be motion, seconded by Council carried, that the matter be the Mayor and Common Council held April 17, 1989. Council Member Maudsley made a motion, seconded by Council Member Minor, that the following resolutions be adopted: RES. 89-94 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 8234 ENTITLED IN PART "A RESOLUTION ... ESTABLISHING PARKING TIME LIMITA- TIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF..."; AND AUTHORIZING THE IMPLE- MENTATION OF A TWO-HOUR PARKING LIMITATION ON TWENTY-FIRST STREET BETWEEN CRESTVIEW AVENUE AND SAN GABRIEL STREET APPLICABLE TO THE SOUTH SIDE ONLY. (28) - 21 - 4/3/89 . . . RES. 89-95 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 12872, PHASE II, LOCATED WEST OF THE INTERSEC- TION OF LITTLE MOUNTAIN DRIVE AND MORGAN ROAD, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISIONS, WITH TIME FOR PERFORMANCE SPECIFIED. (Forecast Mortgage Corporation) (29) RES. 89-96 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION, ACCEPTING A LAND PATENT FROM THE UNITED STATES DEPARTMENT OF INTERIOR. (Devil Canyon) (31) Resolution Nos. 89-94, 89-95 and 89-96 were adopted following vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Members Reilly, Miller. by the Flores, Council ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING FIRST SAN BERNARDINO MUNICIPAL CODE SECTION 8.69.010, TO PROVIDE FOR PUBLIC FUNDS FOR THE REMOVAL OF GRAFFITI; REPEALING SECTION 8.69.020; AND ADDING SECTION 8.69.080 PROVIDING FOR THE ASSESSMENT FOR ABATEMENT BY THE CITY AND FILING OF OBJECTIONS. (32) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the first reading of the ordinance be waived. The Mayor and Common Council discussed the costs involved in removing graffiti, the City's ability to get reimbursed when it takes care of graffiti on private property and the procedure used by other cities to take care of the problem. Senior Assistant City Attorney Barlow answered questions regarding the City's authority to prosecute people for applying graffiti and the use of public funds to remove it. Council Member Flores made a motion, Member Estrada, that said ordinance be passage. seconded by Council laid over for final The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor. Noes: Council Member Pope-Ludlam. Absent: Council Members Reilly, Miller. - 22 - 4/3/89 . . . RES. 89-97 - A RESOLUTION OF THE MAYOR COUNCIL OF THE CITY OF SAN BERNARDINO, CORPORATION, ACCEPTING TWO QUITCLAIM VALLEY FARMS MUTUAL WATER COMPANY. AND COMMON A MUNICIPAL DEEDS FROM (30) Bernard Kersey, Director of Administration and Finance for the Water Department, answered questions regarding the Valley Farms Mutual Water Company being dissolved and turning its property and wells over to the City of San Bernardino. Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution Ayes: Council Ludlam. Noes: No. 89-97 was adopted by the following vote: Members Estrada, Flores, Maudsley, Minor, Pope- None. Absent: Council Members Reilly, Miller. RETURN OF CASH BOND - KEITH MODE - LETTER OF AGREEMENT - APARTMENT COMPLEX - 1721 N. CONEJO DR. - VACATION OF 17TH STREET - CONTINUED FROM MARCH 13, 1989 This is the time and place continued to for consideration of a request from Keith Mode for the return of his cash bond of $2,000. This bond has been held in a suspense trust account in lieu of a notarized release from Mr. Gerald Dripps, in order to meet with the letter agreement between Mr. Dripps, Tina Gonzales and L.Y.W. Investment Company in consideration for withdrawal of objections to the 14-unit apartment complex at 1721 Conejo Drive and the vacation of 17th Street. (33) Acting City Administrator Robbins answered questions, stating that staff has been unable to locate Mr. Dripps. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the return of the cash bond deposited by Keith Mode in connection with a Letter of Agreement executed March 4, 1987, concerning an apartment complex located at 1721 N. Conejo Drive, be approved and that the City Attorney be directed to prepare a release to be executed by Mr. Mode prior to the release of the cash bond. Council Member Minor made a motion, seconded by Council Member Flores, that the following resolutions be adopted: RES. 89-98 - RESOLUTION OF THE CITY OF SAN DINO AUTHORIZING THE EXECUTION OF A FOURTH MENT TO AGREEMENT WITH YVONNE EVERETT AND FUNN RELATING TO THE PURCHASE AND SALE OF REAL PROPERTY. (Kellogg Library) BERNAR- AMEND- TAMARIO CERTAIN (S-10) - 23 - 4/3/89 ~~ . . . RES. 89-99 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TOM DODSON & ASSOCIATES, TO PERFORM CONSULTING SER- VICES FOR THE PLANNING DEPARTMENT. (S-ll) Resolution Nos. 89-98 and 89-99 were following vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam. Noes: None. Members Reilly, Miller. adopted Estrada, Absent: by the Flores, Council PERSONNEL ACTIONS In a memorandum Director of Personnel, of the Mayor and Common dated March 29, 1989, Gordon Johnson, submitted personnel actions for approval Council. (S-12) Acting City Administrator Robbins answered questions, stating that the requested personnel actions were submitted too late to be on the Regular Agenda, and that their approval is needed in order for Fire Department personnel to begin training. Council Member Flores made Member Estrada and unanimously actions submitted by the Director all administrative regulations of approved. a motion, seconded by Council carried, that the personnel of Personnel in accordance with the City of San Bernardino, be RECONSIDERATION - WAYS AND MEANS COMMITTEE MEETING REPORT - MARCH 27, 1989 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the report from the Ways and Means Committee concerning the meeting held March 27, 1989, which was received and filed earlier in the meeting before the report was actually available, be reconsidered since the report is now available. (See Page 7) (S-3) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the report from the Ways and Means Committee meeting held March 27, 1989, be received and filed. The following items were on the agenda: 1. Report on Cultural Fees - City Attorney to Address the Use of These Funds for the Speaker System in Sturges Auditorium; Status Report - Parking District Funding Report; 2. - 24 - 4/3/89 . . . 3. Report Relative to Fiscalini Field - Spirit Baseball Revenues, Expenditures and Future Capital Improvements Showing Cost to the City; 4. Street Sweeping Survey - Outline of Cost to Implement Program in Residential Areas Only; 5. Request to Restructure CDBG Loan - Home of Neighborly Services; 6. Status Report Relative to Admission Tax. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. ASSESSMENT DISTRICT - CAJON AND JUNE STREETS - CENTURY HOMES - TENTATIVE TRACTS 14184 AND 14185 - AUTHORIZATION TO PROCEED In a memorandum dated March 15, 1989, Roger Hardgrave, City Engineer, stated that a request has been received from Century Homes in a letter dated March 13, 1989, for the formation of an acquisition district to be formed for Tentative Tracts 14184 and 14185 in the area of Cajon and June Streets, to finance approxi- mately 30% of the required infrastructure. (35) Mr. Hardgrave further stated that the property now owned by Century Homes was part of an assessment district authorized by the Mayor and Common Council in June, 1986. Due to the morator- ium, the subdivision was prohibited from going forward and all of the property, except for the commercial frontage along Cajon Boulevard, was sold to Century Homes. Under the acquisition assessment district, the subdivider would construct the improvements and the district would "acquire" them. The initial price of the homes would be reduced, with the cost of the assessments being added to the property owners' tax bills over the term of the bonds. Assessment districts are not normally used to finance the improvement of residential streets. Approval of this district could precipitate similar requests from other residential subdividers. Council Member Council Member Estrada be continued to the Council of the City of and that the developer a motion, seconded by carried, that the matter of the Mayor and Common be held May 15, 1989, Pope-Ludlam made and unanimously Regular Meeting San Bernardino to be notified. - 25 - 413/89 . . . SAN BERNARDINO CONVENTION AND VISITORS BUREAU - QUARTERLY REPORT - FUNDING - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for a Quarterly Report from the San Bernardino Visitors Bureau (SBCVB). (See Page 10) consideration of Convention and (11 ) Acting City Administrator Robbins answered questions, stating that after discussion with the Director of Finance, there is approximately $25,000 available in the General Fund that could be used to fund the San Bernardino Convention and Visitors Bureau. It would require a contract amendment before any payment could be made. It is, however, $10,000 less than what the bureau requested. He answered further questions regarding the amount budgeted for the bureau. Dan Stark, Executive Director of the SBCVB, answered questions regarding the use of the funds and the bureau's inability to qualify for Community Development Block Grant funding. He referred to the "Comments/Questions to FY 1989/1990 CDBG Proposal" submitted by the Convention and Visitors Bureau. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the request of the San Bernardino Convention and Visitors Bureau for $35,000 be conceptually approved, with $25,000 coming from the General Fund and a source for the remaining $10,000 to be identified by the meeting of April 17, 1989, for which the City Attorney is to prepare an appropriate amendment to the contract. Council Member Estrada made a motion, Member Maudsley and unanimously carried, Report of the San Bernardino Convention and received and filed. seconded by Council that the Quarterly Visitors Bureau be PERS BENEFIT COVERAGE AND SALARY ADJUSTMENTS - FIRE INSPECTORS This is the time and place set for action and possible adoption of resolut~ons relating to PERS benefit coverage and salary adjustments per AB 839 for local Fire Inspectors. (34) City Attorney Penman explained that in this matter, but it was too late to this meeting's agenda. The matter discussed at this time. a lawsuit has been filed include this subject on cannot, therefore, be - 26 - 413/89 . . . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RECESS MEETING - CLOSED SESSION At 3:40 p.m., Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the Common Council recess to Closed Session pursuant to the following Government Code Sections: Section 54957.6 - to meet with its Designated Representa- tives regarding labor relations matters; (37) Section 54957 - to consider personnel matters; (38) Section 54956.9(b)(1) regarding pending litigation, litigation; to confer with its attorney as there is significant exposure to (39) Section 54956.9(c) - pending litigation, so initiate litigation; to confer with its that Council may attorney regarding decide whether to (40) Section 54956.9(a) - to pending litigation which has City is a party as follows: confer with its attorney regard~ng been initiated formally to which the (41 & S-9) Citv Manaqement. 238755; of San Bernardino vs. California Construction Inc.. et al - San Bernardino Superior Court Case No. Saldecke. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. Citv of San Bernardino - San Bernardino Superior Court Case Nos. 239714 and 239649; Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Bernardino. et al 232998; Construction Companv. et al vs. Citv of San San Bernardino Superior Court Case No. Juan Manuel Sanchez vs. C~tv of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243087; - 27 - 4/3/89 . . . Sock Dawson. et al vs. Citv of San Bernardino. et al- United States District Court - Case No. SA 88-461 AHS (RWRx); BarronlAlcarez vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 241692; Barratt. Inc.. vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 242433; John H. Hendricksen vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 234384; Catlett vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243182; Citv of San Bernardino vs. County of San Bernardino - San Bernardino Superior Court Case No. 242168; County of San Bernardino. et al vs. South Manaqement District. et al - Court of Appeal, District, Division Two Case No. E4562; Coast Air Quality Fourth Appellate Arriaqa vs. City of San Bernardino - San Bernardino Superior Court Case No. 247466; Whittaker vs. Citv of San Bernardino Superior Court Case No. 238417; San Bernardino DaublGordan vs. City of San Bernardino - San Bernardino Superior Court Case No. 242433; Fink vs. City of San Bernardino - San Bernardino Superior Court Case No. 237134; McDuffie vs. Citv of San Bernardino - United States District Court Case No. SA CV 88-671 JSL (RWRx); Pedersen vs. City of San Bernardino Superior Court Case No. 233830; San Bernardino Wood vs. Solheim - San Bernardino Superior Court Case No. 234356. CLOSED SESSION At 3:40 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of City Hall, 300 North "D" Street, San Bernardino, California. - 28 - 413189 . . . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly, Miller. Also present were: Assistant City Attorney Brue, Deputy City Attornies Wilson, Dewey and Roth. CITY CLERK CLARK EXCUSED City Clerk Clark left the Closed Session. DIRECTOR OF PERSONNEL JOHNSON AND FIRE CHIEF MOON ARRIVED Director of Personnel Johnson and Fire Chief Moon arrived at the Closed Session. CITY CLERK CLARK RETURNED City Clerk Clark returned to the Closed Session. ASSISTANT CITY ATTORNEY BRUE AND DEPUTY CITY ATTORNIES WILSON AND DEWEY EXCUSED Assistant City Attorney Brue and Deputy City Attornies Wilson and Dewey left the Closed Session. FIRE CHIEF MOON EXCUSED Fire Chief Moon left the Closed Session. CIVIL SERVICE DIRECTOR DEFRATIS ARRIVED Civil Service Director DeFratis arrived at the Closed Session. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Closed Session. ADJOURN CLOSED SESSION At 6:07 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 6:07 p.m. Mayor Wilcox called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 29 - 4/3/89 . . . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly, Pope-Ludlam, Miller. ADJOURNMENT At 6:07 p.m., Council Member Minor made a by Council Member Estrada and unanimously meeting adjourn to Monday, April 17, 1989, at Council Chambers of City Hall, 300 North Bernardino, California. motion, seconded carried, that the 9:00 a.m., in the "D" Street, San (42) ~?f'/l. //h}~ City Clerk No. of Hours: 7 No. of Items: 58 - 30 - 4/3/89